Grand jury: Teens can be tried as adults

A Clovis grand jury on Friday determined two teenage boys can be tried as adults in connection with the Nov. 14 slaying of a Clovis man in the Hilltop Plaza parking lot.

The grand jury returned indictments against Jacob Garcia and Gustavo Herrera, both 16, said prosecutor Jake Boazman.

Both are accused of murder, kidnapping, armed robbery and conspiracy to commit armed robbery. Herrera is also charged with tampering with evidence.

If convicted and sentenced as adults the teens could each spend the rest of their lives in prison, with no parole possibility for 30 years, Boazman said.

As juveniles, the maximum punishment would have been custody in New Mexico’s Children, Youth and Families Department facility until they turn 21.

Boazman said he also intends to seek adult sanctions against two other teens the state says were involved in the slaying of Marcos Ramirez. One of those suspects was shot during the ordeal and is under medical care; the other waived time restraints for filing charges so his attorney could have more time to review evidence against him, Boazman said.

Sandra Gallagher, the attorney representing Garcia, could not be reached for comment on Friday. Public defenders representing Herrera also could not be reached for comment Friday.

Boazman said Friday that prosecutors are not sure which of the four boys shot Ramirez. But he said all four are accessories to the death. “They all fled. They all collaborated to commit the crime,” Boazman said, explaining why all four face murder charges.

Three of the boys are in juvenile facilities awaiting court appearances; the one still undergoing medical procedures is in the custody of his guardians.

Boazman said he expects it could take more than a year before the suspects go on trial. “Between the attorneys getting ready and getting all the evidence back from the (crime) lab, it could take a while,” he said.

Boazman said the earliest he could seek adult sanctions against the other teens would be Dec. 20 when a grand jury is set to meet again, but he might also wait until January.

Court records show investigators believe the boys had planned to meet Ramirez to buy a gun. Records also show the boys planned to pay him with fake bills, which were found at the scene.